Texting while driving is an offense in most states. If a driver has an accident while texting behind the wheel, the driver will almost certainly be held at fault. In such a case the driver can be sued and is liable for a host of damages under personal injury law. Make no mistake about this; this is the driver’s fault. It is not the device’s fault nor the person they are communicated with or anything about this technology. If you are operating a moving vehicle, you should not text messaging anyone.
Tragic but Going too Far
However the person who sent the text message which the driver was reading at the time cannot he held responsible (as just mentioned). A case in point was the recent decision in a lawsuit filed in New Jersey. The facts of the case were that a couple, riding a motorcycle, was hit by a car whose driver was distracted by reading a text message at the time of accident. The couple both had to have limbs amputated for which their personal injury attorney filed suit against the driver of the car. The suit was later amended to include the sender of the text message.
Good Call Your Honor
The couple’s attorney argued that the driver and the other person sending the message were exchanging text messages at the time. The other person should have known that the driver was driving and texting, and so putting others on the road at risk. By texting the other person aided and abetted the driver’s negligence and was “virtually present” and also responsible. The judge however refused to accept this argument and ruled that the other person was in no way responsible and not liable to pay compensation. The judge maintained that the couple who suffered serious injuries could not sue the person who sent the text message which the driver was reading at the time.
Preparing for a Legal Dogfight
If you are ever involved in an accident caused by a driver distracted by texting or speaking on a mobile phone then you have a good chance of becoming compensated for your injuries and other issues. You need to speak to a personal injury lawyer who will advise you if you can make a claim and under what angles and legalities you could demand monetary compensation.
Texting while driving is an offense in most states. If a driver has an accident while texting behind the wheel, the driver will almost certainly be held at fault. In such a case the driver can be sued and is liable for a host of damages under personal injury law. Make no mistake about this; this is the driver’s fault. It is not the device’s fault nor the person they are communicated with or anything about this technology. If you are operating a moving vehicle, you should not text messaging anyone.
Tragic but Going too Far
However the person who sent the text message which the driver was reading at the time cannot he held responsible (as just mentioned). A case in point was the recent decision in a lawsuit filed in New Jersey. The facts of the case were that a couple, riding a motorcycle, was hit by a car whose driver was distracted by reading a text message at the time of accident. The couple both had to have limbs amputated for which their personal injury attorney filed suit against the driver of the car. The suit was later amended to include the sender of the text message.
Good Call Your Honor
The couple’s attorney argued that the driver and the other person sending the message were exchanging text messages at the time. The other person should have known that the driver was driving and texting, and so putting others on the road at risk. By texting the other person aided and abetted the driver’s negligence and was “virtually present” and also responsible. The judge however refused to accept this argument and ruled that the other person was in no way responsible and not liable to pay compensation. The judge maintained that the couple who suffered serious injuries could not sue the person who sent the text message which the driver was reading at the time.
Preparing for a Legal Dogfight
If you are ever involved in an accident caused by a driver distracted by texting or speaking on a mobile phone then you have a good chance of becoming compensated for your injuries and other issues. You need to speak to a personal injury lawyer who will advise you if you can make a claim and under what angles and legalities you could demand monetary compensation.
See a great article from Verizon about their commitment for safer communities: http://www.verizonwireless.com/aboutus/commitment/safety-security/dont-text-and-drive.html